BLOG

Recently, a Supreme Court upheld a zero dollar award of a jury after a lady said she got injured by another driver in a car accident. According to the written opinion of the court, the rear end of the lady’s car was hit by the driver when the lady was stopped at a traffic light. The driver took responsibility for the accident.

However, he claimed she sustained no damages as a result of the accident. Because of this argument, they took the case to court only to determine the issue of damages with the help of a personal injury attorney in Florida.

The lady testified in court that when her car was hit, she sustained no scrapes, cuts, swelling, injuries, or other forms of bruises. She didn’t have any physical contact with any part of the car. The pictures she took after the incident didn’t show any obvious damage. Immediately after the car accident, the lady requested they should take her to the hospital. She later said in court that she had pain on her neck and at the lower side of her back. She testified that an x-ray was carried out on her back and her neck in the hospital and the hospital staff gave her some medication and asked her to see an orthopedist.

The lady then went to see an orthopedist as recommended by the staff, and she received physical therapy. However, she brought no medical proof to support her claim that her neck and back were injured. She also stated that she had undergone back surgery some time ago before the incident took place.

The orthopedist that saw the lady after ten months of the incident said that an MRI they took of her shoulder displayed her bicep tendon has a partial tear. They gave her an injection, she underwent surgery, and she also received physical therapy. The orthopedist also said the shoulder injury was as a result of the accident because the lady said the pain started after the accident. She claimed that her total medical bill was about $73,000.

The driver also brought an orthopedist surgery expert to testify on the issue of damages. The expert said the accident and the shoulder injury had no connection. The expert believed the lady had a muscular strain injury to her back and neck, which will heal in a matter of weeks. When the trial came to an end, she was awarded zero dollars in damages by the jury.

On appeal, she claimed that she was entitled to a new trial because the jury was supposed to know that she suffered neck and lower back injuries that were indicative for about six weeks, and they owe her damages for treatment of the injuries she sustained. But the court illustrated that the testimony of the expert the driver brought was based on the testimony the lady gave that she sustained an injury in the accident, and the jury was free to reject or accept the lady’s claim. Therefore, the zero dollar finding by the jury was supported by the evidence.

Should you consult a personal injury attorney in Florida?

If you’ve sustained any injury in a car crash, you might have an entitlement to monetary compensation. All you need to do is to seek a personal injury attorney in Florida.